How can you protect your IP rights?

Protect your trademarks in Thailand

There is only one route of protection of marks in Thailand—the national route. The international route or protection via the Madrid Protocol is not yet available in Thailand, but the efforts are currently being made for the country’s accession to the Protocol. The national route is excellent if you want to protect your mark only in Thailand. If you eventually wish to protect your mark abroad via the Madrid Protocol when this is available in Thailand, you will need a national mark in Thailand.

The Department of Intellectual Property (DIP) of Thailand is the national agency in charge of registering trademarks. The DIP is under the Ministry of Commerce.

The contact details of the office are as follows:

Department of Intellectual Property
Ministry of Commerce
563 Nonthaburi 1Rd., Bangkrasor
Muang Nonthaburi 11000
Thailand
Hotline: 1368
Website: www.ipthailand.go.th

A “mark” can be a photograph, drawing, device, brand, name, word, letter, numeral, signature, or any one or combination thereof. It is used or proposed to be used in connection with the goods or services to distinguish the goods or services of one proprietor from those of another.

Certification and collective marks may also be registered in Thailand.

  • The application must be filed using the prescribed application form.
  • The filing language is Thai.
  • The Office accepts paper applications. Applications may be filed online, but the paper copy must be submitted to DIP, otherwise the application will not be processed.
  • DIP accepts multi-class applications under the new Trademarks Act. The Office accepts the Nice classification, the ASEAN List of Goods, and the Common EU-Madrid List of Goods and Services. The terms accepted by DIP may be accessed at www.asean-tmclass.org.
Any individual, firm or company (local or foreign) can apply directly for trademark protection However, if the applicant does not have local presence, representation is required. The power of attorney must be submitted to the DIP.

The following are the minimum requirements for a filing date:

  • Name, nationality, and address of the applicant;
  • Representation of the mark (electronic sample, 5cm x 5cm);
  • Specific list of the goods or services for which the registration is sought; and
  • Power of attorney, if the applicant is a foreign individual or entity, or Thai power of attorney if the Thai applicant is represented;
  • Filing fee.

The Registrar may require the submission of the following documents:

  • Priority documents translated into the Thai language; and/or
  • Translation into Thai of a document or any other evidence;

The mark will undergo substantive examination and in case the examiner has determined that the mark cannot be registered, an official action will be issued refusing the registration. The applicant can appeal the refusal with the Board of Appeals within 60 days. If, on the other hand, the mark is considered registrable, it will be published for purposes of opposition.

To be registrable, a mark must be distinctive, not prohibited under the Thai Trademark Act, and is not the same as or similar to another mark registered to another person.

The mark following may be registered:

  • a personal name, a surname not being such according to its ordinary signification, a name of juristic person or tradename represented in a special manner;
  • a word or words having no direct reference to the character or quality of the goods and not being a geographical name prescribed by the Minister in the Ministerial Notifications;
  • combination of colors represented in a special manner, stylized letters, numerals or invented word;
  • the signature of the applicant for registration or some predecessor in his business or the signature of another person with his or her permission;
  • representation of the applicant or of another person with his or her permission or of a dead person with the permission of his or her ascendants, descendants and spouse, if any;
  • an invented device.

Trademarks having or consisting of any of the following shall not be registrable:

  • state arms or crests, royal seals, official seals, Chakkri emblems, emblems and insignia of the royal orders and decorations, seals of office, seals of ministries, bureaus, departments or provinces;
  • national flags of Thailand, royal standard flags or official flags;
  • royal names, royal monograms, abbreviations of royal names or royal monograms;
  • representations of the King, Queen or Heir to the Throne;
  • names, words, terms or emblems signifying the King, Queen or Heir to the Throne or members of the royal family;
  • national emblems and flags of foreign states, emblems and flags of international organizations, emblems of head of foreign states, official emblems and quality control and certification of foreign states or international organizations, names and monograms of foreign states or international organizations, unless permission is given by the competent officer of the foreign state or international organization;
  • official emblems and emblems of the Red Cross or appellations “Red Cross” or “Geneva Cross”;
  • a mark identical with or similar to a medal, diploma or certificate or any other mark awarded at a trade exhibition or competition held by the Thai government or a Thai government agency for public enterprise or any other government organ of Thailand, a foreign government or international organization unless such medal, diploma, certificate or mark has been actually awarded to the applicant for goods and is used in combination with the trademark;
  • any mark which is contrary to public order, morality or public policy;
  • a mark registered or not, which is identical with a well-known mark as prescribed by the Ministerial Notifications, or so similar thereto that the public might be confused as to the owner or origin of the goods;
  • geographical indications protected under the law on geographical indications;
  • other trademarks prescribed by the Ministerial Notifications.

The mark will also be refused registration if:

  • it is identical with a trademark already registered by another person; or
  • is so similar to a registered trademark of another person that the public might be confused or misled as to the owner or origin of the goods, and such application is for goods of the same class or for goods of a different class found by the Registrar to be of the same character, he shall not register such trademark.
If the application meets the requirements for registrability or if the Board of Appeals decides to reverse the refusal of the examiner, the mark will be published in the Trademark Gazette. If no opposition is filed within 60 days from the date of publication, the mark will be registered.
A registered trade mark will be protected for a period of 10 years from the date of application and may be renewed for further periods of 10 years.

There is only route of protection of industrial designs in Thailand—the national route. Design protection is an important factor if you want to grow your business.

The Department of Intellectual Property (DIP) of Thailand is the national agency in charge of registering trademarks. The DIP is under the Ministry of Commerce.

The contact details of the office are as follows:

Department of Intellectual Property
Ministry of Commerce
563 Nonthaburi 1Rd., Bangkrasor
Muang Nonthaburi 11000
Thailand
Hotline: 1368
Website: www.ipthailand.go.th
Any individual, firm or company (local or foreign) can apply directly for trademark protection However, if the applicant does not have local presence, representation is required. The power of attorney must be submitted to the DIP.
  • The application must be filed using the prescribed application form.
  • The filing language is Thai.
  • The office accepts only paper applications.

The application for registration of a design shall be in the prescribed form and shall contain the following:

  • A representation of the design;
  • An indication of the product for which the design is to be used;
  • A clear and concise claim;
A person who has filed an application for a design in a foreign country may claim the first foreign filing date as the filing date in Thailand if the application is filed within six months following the first filing date in the foreign country. 


Industrial designs may be any form or composition of lines or colors which gives a special appearance to a product and can serve as a pattern for a product of industry or handicraft. The design must be a new design for industry, including handicrafts.

The following designs are not considered new:

  • A design which was widely known or used by others in Thailand before the filing of the application;
  • A design which was disclosed or described in a document or a printed publication in Thailand or a foreign country before the filing of the application;
  • A design which was published before the filing of the application;
  • Any design so nearly resembling any of the designs identified above or constituting an imitation of any such designs.

The following shall not be registered:

  • Designs that are contrary to public order or morality;
  • Designs prescribed by a Royal Decree.

The substantive examination of design application shall be made ninety days after publication and there is no opposition to the registration. When the Director General has considered the examination report and sees no reason to refuse the grant of the design, the design shall be registered.

The applicant shall be notified of the grant and required to pay the fee for the grant of a design within sixty days from the date of receipt of such notice. If the applicant fails to pay the fee within sixty days from the date of receipt of such notice, he shall be deemed to have abandoned his application.

Where an application for a design has been published, any person claiming to be entitled to a design or alleging that the application does not comply with the provisions for the registration of designs may file an opposition to such application within ninety days following the publication of the application.

If the opposition is unsuccessful, the application will proceed to examination. Once the examination has been completed the design will be registered.

At any time after registration of the design, an interested third party may file the cancellation of the registration.

A design shall have a term of ten years from the date of filing the application, without the possibility of renewal.
Last modified: Tuesday, 29 November 2016, 1:45 PM